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    Question

    Article 5–11 (Part II) contain citizenship provisions

    at commencement. Which of the following accurately describes the transitional effect of Article 5 at the commencement of the Constitution?
    A It granted citizenship only to persons born in India after 1950. Correct Answer Incorrect Answer
    B It treated persons domiciled in India and born in Indian territory before commencement as citizens. Correct Answer Incorrect Answer
    C It immediately granted citizenship to all residents of any Indian princely state regardless of domicile. Correct Answer Incorrect Answer
    D It made registration with the state mandatory for all migrants to acquire citizenship. Correct Answer Incorrect Answer
    E It excluded migrants from Pakistan automatically. Correct Answer Incorrect Answer

    Solution

    Article 5 of the Constitution forms part of Part II (Citizenship) and was intended as a onetime, transitional provision applicable at the commencement of the Constitution on 26 January 1950. It granted Indian citizenship primarily on the basis of domicile in the territory of India, coupled with conditions such as birth in India, parentage, or ordinary residence for a prescribed period. The framers deliberately avoided a purely racial or religious basis for citizenship and instead adopted a territorial–domiciliary principle, consistent with constitutional secularism. Articles 6 and 7 separately dealt with migrants to and from Pakistan, indicating that Article 5 did not cover all migration scenarios. In State Trading Corporation v. CTO (1963), the Supreme Court emphasized that Part II provisions were meant to settle citizenship questions at the commencement and not to operate prospectively, which was later governed by parliamentary legislation under Article 11.

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